Law:

Section:

Criminal Procedure Code (V of 1898)---S. 426---Penal Code (XLV of 1860), Ss.124-A, 131/109, 505(a), 468, 469 & 471---Constitution of Pakistan (1973), Art.188---Review petition---Suspension of sentence---While dismissing the earlier petition of the accused under Art.185(3) of the Constitution for suspension of his conviction and sentence, the factum of the period of his sentence already undergone by him had not been taken into consideration by Supreme Court---Except the sentence under Ss.131/109, P.P.C. accused had already undergone all the other sentences and even under Ss.131/109, P.P.C. he had also undergone the major portion of its sentence---If the remissions granted to other convicts from time to time by the President coupled with the remissions under the Jail Manual and the Code of Criminal Procedure for total period of about two years and eight months were counted, accused, prima facie, would have almost undergone the entire sentence---Accused had filed the appeal before the High Court on 24-4-2004, but not a single hearing had so far taken place and it was not certain whether the same would be fixed in the foreseeable future---Necessary sanction of the Government for taking cognizance of an offence under S.124-A, P.P.C. did not seem to have been obtained in terms of S.196, Cr.P.C.---Accused who had already undergone almost half of his sentence might seek suspension of his sentence in the interest of justice keeping in view the facts and circumstances of a particular case---If ultimately the appeal of accused was dismissed by the appellate Court, the provisions of subsection (3) of S.426, Cr.P.C. would come into operation and the period of suspension of sentence would stand excluded and he would have to undergo the sentence awarded to him by the Court---Impugned was reviewed and recalled in circumstances---Convictions' and sentences of accused were suspended and he was released on bail accordingly. Salman Taseer v. Judge, Special Court 1993 SCMR 71 and Adnan A. Khawaja v. The State Criminal Petition No.281 of 2001 ref. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This petition has been filed for review of judgment of this Court dated 9-10-2006,…

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